TC C.S.S.B. 576 75(R)    BILL ANALYSIS


HIGHER EDUCATION
C.S.S.B. 576
By: Sibley (Gallegos)
5-22-97
Committee Report (Substituted)



BACKGROUND 

In the 74th Legislature, urban and rural scholarship funds were created:
Section 74.3011, Property Code, DELIVERY OF MONEY TO RURAL SCHOLARSHIP
FUND and Section 74.3012, Property Code, DELIVERY OF MONEY TO URBAN
SCHOLARSHIP FUND.  Both sections allow a local telephone exchange company
to deliver money to a scholarship fund for needy students from rural or
urban areas to attend college, technical school, or another postsecondary
educational institution.  Under these provisions, students qualify for
these scholarship funds if they live in a local telephone exchange company
service area.  However, some rural towns are serviced by larger
corporations, such as G.T.E.  Students living in these rural towns do not
qualify for either of these funds.   

This measure creates a fund, known as the Texas New Horizons Scholarship
Fund, where eligible local exchange companies can deposit and collect
money for scholarships.  These funds will be distributed by the Texas
Higher Education Coordinating Board based on certain criteria outlined in
the measure, regardless of whether the student lives within a specified
local exchange company's service area. 

PURPOSE

C.S.S.B. 576 creates the Texas New Horizons Scholarship Fund and sets
forth provisions regarding its administration. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant
additional rulemaking authority to the Texas Higher Education Coordinating
Board in SECTION 1 [Section 54.216(b), Education Code] and is referred to
in SECTION 3 [Subsection (b)]. 

SECTION BY SECTION ANALYSIS

SECTION 1.    Amends Subchapter D, Chapter 54, Education Code, by adding
Section 54.216 to read as follows: 
 Sec. 54.216.  TEXAS NEW HORIZONS SCHOLARSHIPS.  (a)  Requires the Texas
Higher Education Coordinating Board (THECB) to issue to qualified students
a certain number of scholarships, to be determined by THECB, after
reviewing the total amount of money available to the Texas New Horizons
Scholarship Trust Fund (TNHSTF). Authorizes that a scholarship be used by
the recipient to attend an eligible institution of higher education.
States that the purpose of the scholarship is to pay for the recipient's
tuition and required fees. 
 (b)  Requires THECB to adopt rules necessary for the administration of
this section, including specific rules relating to the establishment of,
criteria for and determination of eligibility for a scholarship, and the
total scholarship amount that an eligible student may receive. 
 (c)  States that in order for a student to be eligible for a scholarship,
a person must: 
  (1)  be a Texas resident, as defined by THECB rules;
  (2)  be enrolled as an undergraduate student at an eligible institution
for at least one-half of a full course load; 
   (3)  meet minimum academic standards;
  (4)  establish financial need;
  (5)  satisfy one or more of the eligibility requirements listed in
Subsection (d); and 
  (6)  comply with any other requirements adopted by THECB under this
section. 
 (d)  Mandates that the criteria for awarding a scholarship be based on
the following factors, in addition to the requirements of Subsection (c): 
  (1)  socioeconomic background of the student, including family's poverty
level, the student's household income, and the educational level of the
student's parents; 
  (2)  student's status as first generation of the family to attend or
graduate from an institution of higher education; 
  (3)  whether the wealth per student of the school district the student
attended was below the average wealth per student of school districts as
determined in   Chapter 41; 
  (4)  whether the student has demonstrated responsibility in the
student's work in school, with the student's family, and within the
student's community, including employment, child-care duties or help in
raising children; 
  (5)  whether the student is a resident of an urban, rural, central city,
or suburban area; 
  (6)  student's performance on standardized tests; and
  (7)  student's performance on standardized tests in comparison with that
of other students from similar socioeconomic backgrounds. 
 (e)  States that a person is not eligible to receive a scholarship under
this section if the person: 
  (1)  has been granted a baccalaureate degree; or
  (2)  has received an athletic scholarship.
 (f)  Requires that an eligible institution match any state funds with the
institution's local funds in order to be eligible to participate in the
scholarship program. 
 (g)  Requires THECB to distribute to each eligible institution the
criteria, a description of the weight given to each factor and the role
each factor plays in awarding scholarships before the date that
applications for scholarships are first considered under this section. 
 (h)  Requires THECB to award scholarships from the amount available in
the TNHSTF. States that the trust fund is established outside the treasury
but is held in trust by the comptroller.  Authorizes the money in the
trust fund to be spent without appropriations and only to fund the
program.  Mandates that the interest and income from the assets of the
trust fund be credited to and deposited in the trust fund.  Allows THECB
to spend each fiscal year for administrative costs, an amount not to
exceed 2.5 percent of the total money deposited that fiscal year,
excluding matching funds transferred to the trust fund under Subsection
(f). 
 (i)  Requires that each eligible institution transfer local funds
provided by the institution under Subsection (f) to the TNHSTF.  Requires
THECB to use the funds transferred by an institution to provide
scholarships to students attending that institution. 
 (j)  Authorizes THECB to accept gifts and grants from any public or
private source for the purposes of this subchapter, and to deposit a gift
or grant to the credit of the trust fund. 
 (k)  Authorizes the legislature to appropriate money to the trust fund.

SECTION 2.  Amends Section 74.3012, Property Code, to read as follows:
 Sec. 74.3012.  DELIVERY OF MONEY TO TEXAS NEW HORIZONS SCHOLARSHIP TRUST
FUND.  (a) Requires the comptroller to pay any portion of the total amount
delivered by local exchange companies that is in excess of $2 million in
any state fiscal year to the TNHSTF.  Deletes language stating that a
local telephone exchange company may deliver reported money to a
scholarship fund for urban students instead of delivering the money to the
state treasurer. 
 (b)  Deletes provisions in Subsections (b), (c), (d), (e), and (g)
relating to the urban scholarship fund and makes conforming subsection
changes. Defines "local telephone exchange company" as a
telecommunications utility certified to provide local exchange telephone
service within this state and has 50,000 or more access lines in service
in this state and is not a telephone cooperative, for purposes of this
section. 

 
 SECTION 3.  (a)  Effective date:  September 1, 1997, except as provided
by Subsection (b) of this section. 
 (b)  Requires THECB to adopt the rules for awarding scholarships under
Section 54.216, Education Code, no later than December 1, 1997. 

 SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 1 (a), the committee substitute changes "qualified high school
graduates" to "qualified students" as those eligible for the Texas New
Horizons Scholarship Trust Fund (TNHSTF) and states the purpose of the
scholarship.  Makes non-substantive language changes. 

C.S.S.B. 576 adds a new Subsection (c) which outlines eligibility factors
for the scholarship. 

In Subsection (d) [formerly Subsection (c), original bill], the substitute
adds language to the eligibility factors to clarify specific information
about the student's poverty level, the household income, and the
educational level of the student's parents.  It also replaces language
referring to a student's parents receipt of a baccalaureate degree with
clarifying language which would identify if the student is of the first
generation of the student's family to attend or graduate from an
institution of higher education. 

C.S.S.B. 576 adds a new Subsection (e) which outlines that a person is not
eligible to receive a scholarship, under this section, if the person has
been granted a baccalaureate degree or has received an athletic
scholarship. 

C.S.S.B. 576 adds a new Subsection (f) which states that an institution
must match state funds with the institution's local funds to be eligible
for participation in the program. 

C.S.S.B. 576 makes clarifying language changes to Subsection (d) of the
original bill, now Subsection (g), and deletes specific time period
requirements. 

Subsection (h) of the committee substitute adds conforming language to
exclude matching funds transferred to the trust fund under Subsection (f). 

C.S.S.B. 576 adds Subsection (i) to provide for the transfer of local
funds provided by Subsection (f) to the TNHSTF, and establishes certain
requirements.  Makes conforming changes. 

C.S.S.B. 576, SECTION 2 amends Section 74.3012 relating to the urban
scholarship fund, rather than amending Section 74.3011, relating to the
rural scholarship fund. 

C.S.S.B. 576 deletes from SECTION 3 the repeal of Section 74.3012, as
included in the original bill and makes conforming SECTION sequence
changes. 

C.S.S.B. 576, SECTION 3 (SECTION 4 of the original bill) makes conforming
language changes to subsection (b) and deletes language requiring THECB to
use certain criteria in awarding any scholarships before September 1,
1998.